RAM CHANDER Vs. SHIV NARAIN AND OTHERS

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of the Letters Patent and is directed against the decision of the learned Single Judge reversing on appeal the decision of the executing Court. The executing Court held that the execution application was barred by time. This view did not find favour with the learned Single Judge who was of the opinion that the execution application was within time by reason of an application dated the 14th of March, 1955, and filed on 16th of March, 1955, for drawing up the decree and for determination of the amount of court -fee payable for the purpose of preparation of the decree.

(2.) TO appreciate the controversy, it will be proper to briefly set out the relevant facts. A suit was filed by Chandu Lal and Bhagwat Sarup against their coparceners Ram Chand, Lakhpat Rai and Shiv Narain, for dissolution of partnership and rendition of accounts. A final decree in this suit was passed on the 14th of April, 1952. The operative part of the judgment is as follows:

(3.) THE executing Court held that this application of 16th of March, 1955 did not amount to a step -in -aid of execution of the decree. This view was not accepted by the learned Single Judge who relied on a decision of this Court in Siri Ram v. Jagan Nath, A.I.R. 1957 P&H. 66, with the result that the decision of the executing Court was set aside and the execution application dated 5th of December, 1955, was held to be within limitation. It is against this decision that the present appeal under Clause 10 of the Letters Patent is directed.